State of Ohio v. Stefanie Burroughs

Summary

The Ohio Third District Court of Appeals affirmed the Crawford County Court of Common Pleas judgments revoking Stefanie Burroughs' community control and imposing concurrent seven-month terms of incarceration. The court held that substantial evidence supported findings that Burroughs violated community control by engaging in conduct constituting domestic violence or assault and by consuming alcohol. The court also held that the statutory 90-day limitation for a technical community-control violation did not apply because the revocation was independently supported by new criminal conduct.

Holdings

1. The trial court did not abuse its discretion in finding that Burroughs violated the first condition of community control by engaging in conduct constituting domestic violence or assault.
2. The trial court properly terminated Burroughs's community control and imposed concurrent seven-month terms of incarceration.
3. The court did not need to decide whether alcohol consumption was a technical violation because the revocation was independently supported by violations consisting of or including new criminal offenses that were not minor misdemeanors.

Questions Presented

1. Whether the trial court's finding that Burroughs violated community control by engaging in conduct constituting domestic violence or assault was against the manifest weight of the evidence.
2. Whether the trial court abused its discretion or imposed sentences contrary to law by terminating community control and imposing concurrent seven-month terms of incarceration.
3. Whether the seven-month sentences were unlawful because consuming alcohol constituted a technical community-control violation subject to the 90-day limitation in R.C. 2929.15(B)(1)(c)(i).

Disposition

affirmed